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HomeMy WebLinkAboutresolution.council.073-02 RESOLUTION NO. 73 (Series of 2002) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, SUBMITTING TO THE ELECTORATE OF THE CITY. OF ASpEN A CERTAIN QUESTION AT THE NOVEMBER 5, 2002, SPECIAL MUNICIPAL ELECTION, AND SETTING SUCH BALLOT TITLE AND QUESTION. WHEREAS, the City Council desires to ask the electors of the City of Aspen for authorization to continue ownership of certain trolley cars and to continue cooperating with the Aspen Street Railway Company, a non-profit corporation established by Aspen citizens to refurbish said trolley cars and introduce their use along City right-of-ways; and WHEREAS, Section 5.7 of the City of Aspen Home Rule Charter authorizes the City Council to submit any question to a vote of the people. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COuNcIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. The following question, seeking authorization to continue ownership of certain trolley cars and to continue City cooperation with the Aspen Street Railway Company to introduce the use of trolley cars in the City's right-of-way, shall be placed on the ballot at the City's special election to be held on November 5,2002. TROLLEY CARS Shall the City of Aspen continue to own certain trolley cars and continue to cooperate with the Aspen Street Railway Company ("ASRC"), a non-profit corporation established by Aspen citizens to refurbish said trolley cars and introduce their use along City right-of-ways, provided that: · The trolley cars are refurbished and the requisite tracks are built at an estimated cost of$5.5 million at no public expense; · The trolleys do not require overhead wires and shall have on-board, self contained power to operate; · The proposed route of the trolley system shall be approximately from the Rubey Park transit center, down Galena Street, looping around the Rio Grande Park, and ending in the vicinity of the Post Office; · Any trolley barn or storage and maintenance facility with all necessary equipment is constructed at the beginning of the Rio Grande trail adjacent to the Post Office at no public expense; · Prior to the start of any construction, ASRC posts a completion bond in a sum sufficient to cover the total anticipated capital costs of the trolley system; · The City is satisfied that the operational costs of the proposed trolley system are equal to or less than the total costs for operating that portion of the current Galena Street shuttle that it replaces; · The City provides the use of the land necessary to accommodate a trolley barn or storage and maintenance facility deemed necessary for the successful operation of the trolley system; · The City assumes all operational costs upon acceptance of the trolley system; and · The trolley system complies in all respects with the Americans With Disabilities Act. And, provided further, that the City Manager is authorized to dispose of the trolley cars and cease cooperation with ASRC in the event that ASRC is unable to complete the following task by the deadlines set forth: · On or before December 31, 2003, ASRC shall, at their sole cost, prepare requisite engineering and operational analysis for the construction and operation of the proposed trolley system as needed for the safe and efficient operation of the system and as necessary to obtain all requisite permits and approvals; · On or before December 31, 2006, ASRC shall, at their sole cost, raise sufficient funds to pay for the cost of refurbishing the trolley cars, lay trolley tracks on City right-of-ways, and construct all attendant facilities required to operate and maintain the trolley system; and · On or before October 31, 2008, ASRC shall, at their sole cost, complete all construction for the trolley system. YES NO INJjODUCE on the~dayof ADOPTED by the City Coun '1 02. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. JPW-08/13/2002-G:~ohn\word\resos\ballot02-trolley.doc MEMORANDUM OF UNDERSTANDING BETWEEN THE ASPEN STREET RAILWAY COMPANY AND THE CITY OF ASPEN THIS MEMORANDUM OF UNDERSTANDING entered into at Aspen, Colorado, this day of , 2002, by and between the CITY OF ASPEN, COLORADO, a municipal corporation and home-rule city ("hereinafter "City"), and THE ASPEN STREET RAILWAY COMPANY, a Colorado not-for-profit corporation (hereinafter "ASRC"). WIT N E SSE T H: WHEREAS, the City is the owner of certain trolley cars and rights-of-way in the City of Aspen; and WHEREAS, ASRC desires to refurbish said trolley cars and re-introduce their use along rights-of-way within the City of Aspen; and WHEREAS, the City Council of the City of Aspen has agreed to submit a question to the voters of the City that seeks authorization to continue to own the said trolley cars and to continue cooperating with ASRC to re-introduce their use in Aspen; and WHEREAS, the ballot question, in an effort to keep its length as short as possible, contains terms and conditions that may require clarity in their interpretation and implementation in the future. NOW, THEREFORE, the parties hereto agree as follows with respect to the terms and conditions of said ballot question: 1. City Council's decision to refer to the voters of the City of Aspen the ballot question referenced herein shall not be construed or interpreted by ASCR or any third party to be a binding determination by the City Council to proceed in any particular fashion with respect to the construction of a trolley system in the City of Aspen. The ballot question is advisory in nature and shall not obligate the City or ASCR to proceed in any particular fashion. By entering this Memorandum of Understanding, the City Council does not hereby relinquish any of its plenary legislative discretion in any respect. Approval by the voters of the ballot question referenced above shall not waive any land use, permits or approvals required for the proposed trolley system. 2. ASCR has agreed to refurbish the trolley cars. The refurbishment of the trolley cars shall be to a condition that is acceptable to the City in its sole discretion. The number of trolley cars to be refurbished shall be sufficient in number to operate a trolley system in an efficient and economical manner. The City shall have the sole discretion to determine what is an efficient and economical manner for operating and maintaining a trolley system. 3. The ballot question indicates that no overhead wires shall be required to operate the trolley system. "No overhead wires" includes all appurtenant and accessory equipment or machinery (other than tracks and trolley cars, signage and building( s) at the terminus of the system) in the public rights-of-way or visible within the public rights-of-way. 4. Before any engineering and operational analysis are accepted by the City as contemplated in the ballot question, the specific route and all accessory building( s) (including maintenance and storage structures) proposed to be used by the trolley system shall be identified with specificity sufficient to prepare competitive bids for their construction. 5. The completion bond referenced in the ballot question shall include performance, payment and maintenance bonds each in an amount specified in contract documents used to construct the trolley system as security for the faithful performance and payment of all construction contractors engaged to construct the trohey system. The City shall approve all bonds required by this section. These bonds shall be in effect until the work of constructing the trolley system is complete except for the maintenance bonds that shall remain in effect for a period of two years from the date of project completion. 6. The completion bond referenced in the ballot shall also include an agreement from ASRC to indemnify and hold harmless the City for any liability, claims, and demands on account of illness, personal injury, death or property loss occasioned by the construction of the trolley system. ASRC shall secure insurance sufficient to insure against all liability and obligations assumed by ASRC by this paragraph. The City shall approve the amount and insurer. 7. The City shall have the authority to approve all contract documents and the contractors selected to construct the trolley system. 8. The ballot question contains a condition that the operational costs of the proposed trolley system shall not exceed the operational costs of the current Galena Street Shuttle. Whether the proposed trolley system's operational costs exceed the current Galena Street Shuttle shall be in the sole discretion of the City Council using the 2002 fiscal year operating costs ofthe Galena Street Shuttle adjusted by the Consumer Price Index (All Urban Consumers (CPI-U), U.S. City Average, All Items (1967 = 100) compiled by the United States Department of Labor, Bureau of Labor Statistics) for the year in which the proposed trolley system is proposed to begin operation. "Operational costs" shall include, but not be necessarily limited to, personnel expenses, maintenance, utility and overhead expenses, and depreciation of the trolley cars, buildings, and tracks used by the system. 9. The ballot question indicates that the City shall provide the use of the land necessary to accommodate any trolley barn or storage and maintenance facility needed by the trolley system. The parties hereto agree that the donation of City land is specifically conditional Upon the parties' being able to mutually agree Upon the proper site for such structures. In addition, ASRC acknowledges that pursuant to the Aspen City Charter certain lands owned by the City may require voter approval to change their current use. 10. The ballot question requires ASRC to raise sufficient funds to pay for the costs of refurbishing the trolley cars, lay tracks on City rights-of-way, and construct all attendant facilities required to operate and maintain the trolley system by a date certain. For purposes of that provision of the ballot question, "raise" shall mean funds that are on deposit in an ASRC bank account and available for distribution to ASRC, or funds represented by legally binding and irrevocable donor pledges to ASRC pursuant to pledge agreements approved by the City Attorney, or the corresponding bid of in-kind contributions of materials or labor to the completion of the trolley system that are approved by the City, or a combination of such funds. Whether or not ASRC has, or has not, raised sufficient funds shall be in the sole discretion of the City Council. l~.!-. The parties hereto acknowledge that the terms of this Memorandum of Understanding is not intended to be a binding contract and shall not be interpreted by the parties hereto or third parties as such. It is merely a document that attempts to clarify the intent of the parties with respect to the language of the ballot question referenced above. WHEREFORE, the parties, through their duly authorized representatives, have executed this Memorandum of understanding Upon the dates as forth herein. THE CITY OF ASPEN, COLORADO By: Steve Barwick, City Manager ASPEN STREET RAIL WAY COMPANY By: Title: